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Judith, Immigration Lawyer

Category: Immigration Law

Satisfied Customers: 25585

Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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Canada-USA Employment Question. Subject: Canadian Citizen

Resolved Question:

Canada-USA Employment Question.

Subject: Canadian Citizen wants to do telecommute job, from Canada, for a private USA company which does not have office in Canada.

Details:

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I am a Canadian Citizen, residing Vancouver, Canada. I am experienced IT Professional. An American company in Chicago, which does not have office in Canada, wants to hire me FULL time basis. The company will allow me work from my home from Canada using internet connection.

Question:

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1. Can a Canadian citizen work from Canada by telecommuting to a US company based in USA which does not have office in Canada?

2. Do I need any kind of visa (say TN) for telecommute work from Canada for USA company?

3. Do I need to have a US Social Security Number, US bank account etc to get my payment?

4. How the company will pay me if I am full time employee for the company but resides in Canada?

5. In case if I need a TN visa, can I stay in Canada without going to USA and work for the company?

6. For the tax purpose, am I filing my main tax as Canadian resident or US resident even though the company is in USA but I only work from Canada?

7. If full time does not an option, can I ask for contract option and still work from my home from Canada? I have something called Sole proprietorship in Canada?

* what is the the easiest way for a Canadian citizen do telecommute IT job, from Canada, for a US employer which does not have office in Canada?

* We tried few options like working through a company named PeoCanada, that manages payroll and benefits for Canadian employee of US company, they are a bit expensive if only one or two employee works from Canada. Do you have other suggestios?

*What are the tax implication?

*What needs to be done on employer side like what are the paper works for telecommuting workes needs to have?

*Can the employee apply for TN visa and then w/o going to USA stay in Canada and work from canada?

Hello, welcome to JustAnswer, my name isXXXXX you for this opportunity to answer your questions.

I will address each of these questions individually. However, I do not see this as being employed in the US because you are not physically present in the US. Telecommuting is not being employed in the US for immigration purposes. Your body, your person has to be physically present in the US for you to be considered to be employed in the US.

In this case, you are not working within the US by using an electronic communications.

1. Can a Canadian citizen work from Canada by telecommuting to a US company based in USA which does not have office in Canada?

Yes, your work place would be your home.

2. Do I need any kind of visa (say TN) for telecommute work from Canada for USA company?

No because you are not working in the US.

3. Do I need to have a US Social Security Number, US bank account etc to get my payment?

I would imagine you have say banks such as Chase, Citibank, Bank of America, etc branches in Canada and you could probably set up an account there and have your pay through automatic deposits.

You will need to check with the banks there in Canada. Or the paycheck can just be snail mailed to you in Canada.

4. How the company will pay me if I am full time employee for the company but resides in Canada?

They could pay you as an independant contractor without benefits.

You cannot get a US SSN because you are not working in the US.

5. In case if I need a TN visa, can I stay in Canada without going to USA and work for the company?

A TN status is only to work in the US by being physically present. You are not working in the US.

6. For the tax purpose, am I filing my main tax as Canadian resident or US resident even though the company is in USA but I only work from Canada?

You will need to ask that question of a tax expert.

7. If full time does not an option, can I ask for contract option and still work from my home from Canada? I have something called Sole proprietorship in Canada?Absolutely, that would be the best arrangement for you to be an independant contractor and have the contract through your sole proprietorship.

That way you are totally responsible for your taxes in Canada.

* what is the the easiest way for a Canadian citizen do telecommute IT job, from Canada, for a US employer which does not have office in Canada? As an independent contractor and not as an employee.

* We tried few options like working through a company named PeoCanada, that manages payroll and benefits for Canadian employee of US company, they are a bit expensive if only one or two employee works from Canada. Do you have other suggestios?No, see above.

*What are the tax implication? You need to contact a tax expert and post that question on the tax forum.

*What needs to be done on employer side like what are the paper works for telecommuting workes needs to have?A contract.

*Can the employee apply for TN visa and then w/o going to USA stay in Canada and work from canada? NO, you need to be physically present in the US to be working on a TN. The law requires you to be admitted into the US.

*For TN how to write the job offer letter?

Letter of Employment in the U.S. Additionally, the applicant's employer in the U.S. must provide an employment letter that includes the following:

The letter must indicate that the position in question in the U.S. requires the employment of a person in a professional capacity, consistent with the NAFTA Chapter 16, Annex 1603, Appendix 1603.d.1.

The applicant must present evidence of professional employment to satisfy the Consular Officer of your plans to be employed in prearranged business activities for a U.S. employer(s) or entity(ies) at a professional level. Part-time employment is permitted. Self-employment is not permitted. An employment letter or contract providing a detailed description of the business activities may be provided from the U.S. or foreign employer, and should state the following:

Activity in which the applicant shall be engaged and purpose of entry;

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Thanks for your help. I have a follow up question. As you mentioned, contract is the best way to go for a Canadian who wants to work from his home in Canada for a US employer, when employer not have office in Canada.

I would like to know which IRS W form Canadian employee needs to fill up for this purpose ... is it form W-9?

Thanks for the prompt reply Judith. No, I am not asking task question. As part of agreement, employee needs to sign up some papers before employment takes place. So my employer sends me W9, but it has some information which does not relevant to Canadian context. So I was just checking do you know which form it should be. http://www.irs.gov/pub/irs-pdf/fw9.pdf

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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